domestic law the protection of rights secured by this convention, shall be admitted to accede thereto on request to that effect. Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the union. Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present convention. ART. XIX. Countries acceding to the present convention shall also have the right to accede thereto at any time for their colonies or foreign possessions. They may do this either by a general declaration comprehending all their colonies or possessions within the accession, or by specially naming those comprised therein, or by simply indicating those which are excluded. ART. XX. The present convention shall be put in force three months after the exchange of the ratifications, and shall remain in effect for an indefinite period until the termination of a year from the day on which it may have been denounced. Such denunciation shall be made to the Government authorized to receive accessions, and shall only be effective as regards the country making it, the convention remaining in full force and effect for the other countries of the union. ART. XXI. The present convention shall be ratified, and the ratifications exchanged at Berne, within the space of one year at the latest. ADDITIONAL ARTICLE The convention concluded this day in no wise affects the maintenance of existing conventions between the contracting States, provided always that such conventions confer on authors, or their lawful representatives, rights more extended than those secured by the union, or contain other stipulations which are not contrary to the said convention. FINAL PROTOCOL 1. As regards Article IV, it is agreed that those countries of the union where the character of artistic works is not refused to photographs, engage to admit them to the benefits of the convention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legisla tion, except in the case of international engagements already existing, or which may hereafter be entered into by them. It is understood that an authorized photograph of a protected work of art shall enjoy legal protection in all the countries of the union, as contemplated by the said convention, for the same period as the principal right of reproduction of the work itself subsists, and within the limits of private arrangements between those who have legal rights. 2. As regards Article IX, it is agreed that those countries of the union whose legislation implicitly includes choregraphic works amongst dramaticomusical works expressly admit the former works to the benefits of the convention concluded this day. It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective tribunals to decide. 3. It is understood that the manufacture and sale of instruments for the mechanical reproduction of musical airs which are copyright shall not be considered as constituting an infringement of musical copyright. 4. The common agreement alluded to in Article XIV of the convention is established as follows: The application of the convention to works which have not fallen into the public domain at the time when it comes into force shall operate according to the stipulations on this head which may be contained in special conventions, either existing or to be concluded. In the absence of such stipulations between any countries of the union the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV is to be applied. the provisions of the convention of Berne and of the present additional act. "(b) Photographic works, and those obtained by similar processes, are admitted to the benefit of the provisions of these acts, in so far as the domestic legislation allows this to be done, and according to the measure of protection which it gives to similar national works. "It is understood that the authorized photograph of a protected work of art enjoys legal protection in all the countries of the union, within the meaning of the convention of Berne and the present additional act, as long as the principal right of reproduction of this work itself lasts, and within the limits of private conventions between those who have legal rights." 2. No. 4. This number shall run as follows: 4. "The common agreement provided for in Article XIV of the convention is determined as follows: "The application of the convention of Berne and of the present additional' act to works that had not fallen into the public domain in the country of origin when these acts came into force shall take effect according to the stipulations relative to this point which are contained in special conventions, either now existing or to be concluded to this effect. "In the absence of such stipulations between countries of the union the respective countries shall regulate, each for itself, by its domestic legislation, the manner in which the principle contained in Article XIV is to be applied. "The stipulations of Article XIV of the convention of Berne and of the present number of the 'Protocole de Cloture' apply equally to the exclusive right of translation, as granted by the present additional act. "The above-mentioned temporary provisions are applicable in case of new accessions to the union." 5. The organization of the international office, established in virtue of Article XVI of the convention, shall be fixed by a regulation which shall be drawn up by the Government of the Swiss confederation. The official language of the international office will be French. The international office will collect all kinds of information relative to the protection of the rights of authors over their literary and artistic works. It will arrange and publish such information. It will study questions of general utility likely to be of interest to the union, and, by the aid of documents placed at its disposal by the different administrations, will edit a periodical publication in the French language treating questions which concern the union. The governments of the countries of the union reserve to themselves the faculty of authorizing, by common accord, the publication by the office of an edition in one or more other languages, if experience should show this to be requisite. The international office will always hold itself at the disposal of members of the union, with the view to furnish them with any special information they may require relative to the protection of literary and artistic works. The administration of the country where a conference is about to be held, will prepare the program of the conference with the assistance of the international office. The director of the international office will attend the sittings of the conferences, and will take part in the discussion without a deliberate voice. He will make an annual report on his administration, which shall be communicated to all the members of the union. The expenses of the office of the international union shall be shared by the contracting States. Unless a fresh arrangement be made, they can not exceed a sum of 60,000 francs a year. This sum may be increased by the decision of one of the conferences provided for in Article XVII. The share of the total expense to be paid by each country shall be determined by the division of the contracting and acceding States into six classes, each of which shall contribute in the proportion of a certain number of units, viz: First class.. Units These coefficients will be multiplied by the number of States of each class, and the total product thus obtained will give the number of units by which the total expense is to be divided. The quotient will give the amount of the unity of expense. Each State will declare, at the time of its accession, in which of the said classes it desires to be placed. The Swiss administration will prepare the budget of the office, superintend its expenditure, make the necessary advances, and draw up the annual account, which shall be communicated to all the other administrations. 6. The next conference shall be held at Paris between four and six years from the date of the coming into force of the convention. The French Government will fix the date within these limits after having consulted the international office. 7. It is agreed that, as regards the exchange of ratifications contemplated in Article XXI, each contracting party shall give a single instrument, which shall be deposited, with those of the other States, in the Government archives of the Swiss Confederation. Each party shall receive in exchange a copy of the procès-verbal of the exchange of ratifications, signed by the plenipotentiaries present. The present final protocol, which shall be ratified with the convention concluded this day, shall be considered as forming an integral part of the said convention, and shall have the same force, effect, and duration. ART. III. The countries of the union which have not become parties to the present additional act shall be allowed to accede to it at any time, on their request to that effect. The same rule shall apply to the countries which may eventually accede to the convention of the 9th September, 1886. It shall be sufficient for the purpose if a notification is addressed in writing to the Swiss Federal Council, who will, in turn, notify this accession to the other Governments. ART. IV. The present additional act shall have the same force and duration as the convention of the 9th September, 1886. It shall be ratified, and the ratifications shall be exchanged at Paris in the form adopted for that convention, as soon as possible, and within a year at the latest. It shall come into force between the countries who have ratified it three months after this exchange. DECLARATION INTERPRETING CERTAIN PROVISIONS OF THE CONVENTION OF BERNE OF SEPTEMBER 9, 1886, AND OF THE ADDITIONAL ACT, SIGNED AT PARIS, MAY 4, 1896 1. By the terms of paragraph 2 of Article II of the convention, the protection granted by the aforementioned acts depends solely on the accomplishment in the country of origin of the work of the conditions and formalities that may be prescribed by the legislation of that country. The same rule applies to the protection of the photographic works mentioned in No. 1 (b), of the modified "Protocole de Clôture." 2. By published works must be understood works actually issued to the public in one of the countries of the union. Consequently, the representation of a dramatic or dramatico-musical work, the performance of a musical work, the exhibition of a work of art, do not constitute publication in the sense of the aforementioned acts. 3. The transformation of a novel into a play, or of a play into a novel, comes under the stipulations of Article X. The countries of the union which are not parties to the present declaration shall be allowed to accede thereto at any time on their request to that effect. The same rule shall apply to countries which may accede either to the convention of the 9th of September, 1886, or to this convention or to the additional act of the 4th of May, 1896. It will be sufficient for this purpose if a notification be addressed in writing to the Swiss Federal Council, who will, in turn, notify this accession to the other Governments. The present declaration shall have the same force and duration as the acts to which it refers. It shall be ratified, and the ratifications shall be exchanged at Paris, in the form adopted for those acts, as soon as possible, and within a year at the latest. CONVENTION CREATING AN INTERNATIONAL UNION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, SIGNED AT BERLIN, NOVEMBER 13, 1908 ARTICLE 1. The contracting countries are constituted into a union for the protection of the rights of authors in their literary and artistic works. ART. 2. The expression "literary and artistic works" includes all productions in the literary, scientific or artistic domain, whatever the mode or form of reproduction, such as books, pamphlets and other writings; dramatic or dramaticomusical works; choreographic works and pantomimes, the stage directions ("mise en scène") of which are fixed in writing or otherwise; musical compositions with or without words; drawings, paintings; works of architecture and sculpture; engravings and lithographs; illustrations; geographical charts; plans, sketches and plastic works relating to geography, topography, architecture, or the sciences. Translations, adaptations, arrangements of music and other reproductions transformed from a literary or artistic work, as well as compilations from different works, are protected as original works without prejudice to the rights of the author of the original work. The contracting countries are pledged to secure protection in the case of the works mentioned above. Works of art applied to industry are protected so far as the domestic legislation of each country allows. ART. 3. The present convention applies to photographic works and to works obtained by any process analogous to photography. The contracting countries are pledged to guarantee protection to such works. ART. 4. Authors within the jurisdiction of one of the countries of the union enjoy for their works, whether unpublished or published for the first time in one of the countries of the union, such rights, in the countries other than the country of origin of the work, as the respective laws now accord or shall hereafter accord. to natives, as well as the rights specially accorded by the present convention. The enjoyment and the exercise of such rights are not subject to any formality, such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the stipulations of the present convention, the extent of the protection, as well as the means of redress guaranteed to the author to safeguard his rights, are regulated exclusively according to the legislation of the country where the protection is claimed. 30335-251-PT 4—9 |